William Baker is a partner with more than 30 years of experience in postal, privacy and data security, consumer marketing, and communications law.  He has represented First Class business mailers and newspapers in litigation, rulemaking, counseling, and legislative matters involving the rates and classifications of the United States Postal Service (USPS) before the Postal Regulatory Commission and the Congress.  He also advises clients on mailing issues, the Private Express Statutes, and logistics/delivery matters.

Mr. Baker handles a wide range of marketing, privacy, compliance, and data security issues arising under the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, the Do Not Call Act, the Children’s Online Privacy Protection Act (COPPA), state data security breach notification laws, and international privacy and data transfer laws.  He has represented website publishers and social media in Federal Communications Commission (FCC) and Federal Trade Commission (FTC) proceedings regarding consumer privacy and data security, location-based services, behavioral advertising, and related new media issues, and has advised clients regarding issues involving Unmanned Aircraft Systems (drones) and the Internet of Things.

REPRESENTATIVE MATTERS

  • Participated in every major proceeding before the Postal Regulatory Commission since 1987, including rate cases, rulemakings, advisory proceedings, and annual compliance reviews.
  • Advised publishers and others regarding the scope, restrictions, and exceptions to the Private Express Statutes.
  • Extensive experience in counseling marketing and information professionals regarding compliance with the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, the CAN-SPAM Act, the Children’s Online Privacy Protection Act, and other privacy laws when providing information and advertising via telephone, mobile apps (including location-based services), email, text messaging, websites, social media or direct mail.
  • Assisted numerous clients in developing and revising privacy policies and website terms of use and on data security matters, including breach notifications.
  • Successfully advocated resolution in Toysmart case establishing legal framework for sale of customer lists in bankruptcy proceedings.
  • Served as principal outside counsel to leading online industry self-regulatory privacy organization.
  • Secured exemption of bona fide newsletters from FTC regulations implementing CAN-SPAM for publishers. 
  • Counseled a leading wireless carrier on federal and state laws relevant to location-based services.
  • Advised clients regarding international privacy laws, including European and Canadian data protection laws, regarding the collection, use, and transfer of personal data.
  • Represented leading U.S. satellite company on complex regulatory issues before the Federal Communications Commission.
  • Participated in proceedings before the National Telecommunications and Information Administration regarding mobile privacy disclosures and facial recognition technology.
  • Participated in FCC proceedings addressing the regulatory framework for telecommunications carrier provision of enhanced and information services. 
  • Defended advertising, including claims substantiation, before the Better Business Bureau.

PREVIOUS EXPERIENCE

  • Wiley Rein LLP, Partner and Counsel
  • Olwine, Connelly, Chase, O’Donnell & Weyher, Associate

HONORS AND AWARDS

  • Certified Information Privacy Professional-U.S. (International Association of Privacy Professionals, since 2008)

PRO BONO AND COMMUNITY INVOLVEMENT

  • Chair, IAPP D.C. KnowledgeNet chapter (2004-2010)
  • IAPP Educational Advisory Board (2009-2011)
  • Co-Commissioner, Youth Ultimate League of Arlington (2012-2013)
  • Former member, Arlington County Fiscal Affairs Advisory Commission

MEMBERSHIPS AND AFFILIATIONS

  • American Bar Association, Section of Science and Technology Law, Vice Chair (2016-August 2017); Secretary (2015-2016); Budget Officer (2012-2015); Council Member (2008-2012); Chair of Data Property Rights Committee (2013-2016); Chair of ePrivacy Law Committee (2003-2008)
  • Member, National Conference of Lawyers and Scientists (2015-___)
  • International Association of Privacy Professionals
  • Fellow, American Bar Foundation

PUBLICATIONS AND SPEECHES

  • “What happens To Your Big Data After You Die?” The SciTech Lawyer (Winter 2016).
  • “USPS Can’t Reject Mailings With Marijuana Ads,” with Paul J. Boyle, Presstime Update (January 20, 2016) (http://www.naa.org/Public-Policy/Government-Affairs/Postal-Affairs/USPS-Cant-Reject-Mailings).
  • “The FCC’s Net Neutrality Order Part II: What Will Happen And What Will Be The Effect On The Internet Ecosystem,” IAPP Privacy Tracker (April 2, 2015).
  • “The FCC’s Net Neutrality Order Part I: What It Says And How We Got Here,” IAPP Privacy Tracker (March 31, 2015).
  • “The Complications of Doing Mobile Marketing Legally,” (with assistance from Kathleen Scott) Journal of Internet Law (February 2014)
  • “Mobile Marketing Complicates Legal Compliance,” The SciTech Lawyer (Summer 2013).
  • “Who Owns ‘My’ Personal Information?” BNA Bloomberg Privacy & Security Law Report, 11 PVLR 1062 (July 2, 2012) & BNA Bloomberg Electronic Commerce Report, 17 ECLR 1218 (July 4, 2012).
  • “Five more common website mistakes to avoid,” ComputerWorld (August 2011), available at http://www.computerworld.com/s/article/9218868/Five_more_common_website_mistakes_to_avoid.
  • “The changing meaning of ‘personal data,’” (with Anthony Matyjaszewski), IAPP Privacy Advisor (April 2011) (republished by Lexology). 
  • Quoted in “FCC Fines AT&T $25m for Data Privacy Lapse; Who Will Be Next?” Sam Pfeifle, The Privacy Advisor (April 9, 2015) (International Association of Privacy Professionals https://privacyassociation.org/news/a/fcc-fines-at-who-will-be-next/).
  • Speaker, “TCPA and Wireless Marketing at the FCC, the FTC, and in the Courts,” International Association of Privacy Professionals (San Jose 2014).
  • Panelist, “The “New” Privacy Policy – Are You in Compliance?” Federal Communications Bar Association and ABA Forum on Communications Law 9th Annual Privacy & Data Security Symposium (Washington, D.C. March 13, 2014).

Education

  • University of Virginia, J.D., 1982
  • University of Virginia, B.A. (Economics), 1979

Admissions

  • District of Columbia
  • New York
  • U.S. Courts of Appeals for the Fourth, Ninth, and District of Columbia Circuits